NDAC 45-03-05-12.2
Preacquisition notification
Cite as N.D. Admin. Code ยง 45-03-05-12.2
If a domestic insurer, including any person controlling a domestic insurer, is proposing a merger or
acquisition pursuant to subdivision a of subsection 1 of North Dakota Century Code section 26.1-10-03,
that person shall file a preacquisition notification Form E, which was developed pursuant to subdivision
a of subsection 3 of North Dakota Century Code section 26.1-10-03.1.
Additionally, if a nondomiciliary insurer licensed to do business in this state is proposing a merger
or acquisition pursuant to North Dakota Century Code section 26.1-10-03.1, that person shall file a
preacquisition notification Form E. No preacquisition notification form need be filed if the acquisition is
beyond the scope of North Dakota Century Code section 26.1-10-03.1 as set forth in subdivision b of
subsection 2 of North Dakota Century Code section 26.1-10-03.1.
In addition to the information required by Form E, the commissioner may wish to require an expert
opinion as to the competitive impact of the proposed acquisition.